York judge tosses some evidence in cocaine-ring case

A York County judge has ruled the state attorney general's office cannot use Mercedes Manjarrez-Torres' identity at trial. Police, who submitted this photo, improperly tricked the suspected member of the Mexico-to-York cocaine ring into giving them his name, the judge held. Police told the man they were investigating the theft of gasoline involving a white Ford F150 similar to his (SUBMITTED)

A York County judge has tossed some specific evidence in the Mexico-to-York cocaine ring.

The particular evidence is the identity of one of the six co-defendants -- Mercedes Manjarrez-Torres.

According to court documents, investigators suspected that Manjarrez-Torres, 40, of the 200 block of Penn Street, Hanover, was involved in the cocaine ring but did not have his identity.

They were aware the suspect they were searching for drove a white Ford F150 who delivered cocaine to other alleged ring members who then sold it to undercover agents.

According to France's motion, on March 29, 2013, Eastern Adams Regional Police Officer David Ogle, in full uniform, armed and driving a marked car, went to a New Oxford resident where Manjarrez-Torres was suspected to be.

When Manjarrez-Torres answered the door, Ogle told him he was investigating the theft of gasoline involving a white Ford F150.

Manjarrez-Torres assured the officer his truck was not involved in the theft, France said.

In his motion, France argued that Ogle asked Manjarrez-Torres for identification and returned later to take a picture of him.

Special agents from the Pennsylvania Attorney General's Office arrested Manjarrez-Torres and other ring members four months later on drug charges. He remains in York County Prison in lieu of $750,000 bail pending prosecution by the attorney general.

-- And that questioning Manjarrez-Torres under false pretenses rose to the level of "investigative detention" without the prerequisite probable cause.

Trebilcock agreed with France's argument. He noted that at a previous hearing, agents had not testified that Manjarrez-Torres had been involved in any criminal activity on the day Ogle questioned him.

In fact, the judge noted, the most recent criminal activity the then unknown Manjarrez-Torres was suspected of occurred six to 14 months earlier before that date.

"The 'fake' story was designed to have it appear that the defendant had consented to voluntarily give his identity," Trebilcock wrote. "Our courts have held that consent to search give under false pretenses is not truly voluntary."

After reading Trebilcock's ruling, France said, "I wonder if they even have a case now?"

He said he expects the attorney general's office to appeal Trebilcock's ruling.

The deputy attorney general assigned to Manjarrez-Torres' case could not be reached for comment.

Contact Rick Lee at 717-495-1782.

About the case

In an update on the six people busted by federal agents in an alleged $4.8 million Mexico-to-York drug ring last year, three have pleaded guilty, one has pleaded no contest, and one may have seen his case go into legal limbo, at least for the time being.

Awaiting further court action -- Mercedes Manjarrez-Torres, 40, of the 200 block of Penn Street, Hanover, is charged with two counts of delivery of cocaine and one count of criminal conspiracy. However, a judge has ruled that his identity cannot be used by the prosecution because police obtained his name and picture without probable cause.

Pleaded guilty -- Luis Ocampo, 53, of the 2500 block of West Market Street, York, pleaded guilty to five counts of possession with the intent to deliver cocaine, four counts of criminal conspiracy and one count of unlawful activities and was sentenced to five to 10 years.

Pleaded guilty -- Luis Maldonado-Velasquez, 36, of the 1000 block of Derry Street, Harrisburg, pleaded guilty to possession with the intent to deliver cocaine and criminal conspiracy and was sentenced to three to six years in state prison.

Pleaded guilty -- Eduardo Avalos, 24, of the 2500 block of West Market Street, York, pleaded guilty to three counts each of possession with the intent to deliver cocaine and criminal conspiracy and was sentenced to three to six years in state prison.

Pleaded no contest --Sandra Valdez, 21, of the 2500 block of West Market Street, York, pleaded no contest to criminal conspiracy and was sentenced to 276 days of time served.

Charges pending -- Jose Guadalupe Solorzano, 36, of the 900 block of Carlisle Street, Hanover, is charged with two counts of delivery of cocaine, one count of possession with the intent to deliver cocaine and one count of criminal conspiracy.